Employment Law Questions? Ask an Employment Lawyer.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. I'm sorry to hear about your job loss.
I'll need to ask you some preliminary questions before I can give you an answer to your question.
Do you dispute the results of the drug test or do you otherwise have a valid prescription for the drug?
Were you under the influence of the drug on the job? I.e., would the drug have had an adverse effect on your job performance in any way?
Ok, so the strategy for your hearing ultimately is to show you were not under the influence of THC while on the job. Off work use of drugs that doesn't affect work performance is not misconduct as defined by the act. How do you make your case? - 1) if any co-employees witnessed your performance that date and can testify in your favor (i.e., that you weren't acting erratically), call the unemployment agency and have them subpoenaed to testify. You will also want to cross examine the employer witnesses on the fact that they did not witness you doing anything other than - limping? I suppose. If you have any medical records regarding your foot impairment you'll also want to introduce that as evidence to the hearing officer. Ultimately what you have to convey at the hearing is that you weren't under the influence, thus not not harming the employer's interests. The sub-theme of this is that off-work drug use did not in this case affect job performance.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.